Bail, Recognizances and Bonds in Tanzania.

Bail, Recognizances and Bonds in Tanzania.

In Tanzania, the Criminal Procedure Act [Cap. 20 R.E. 2022] outlines detailed provisions regarding bail, recognizances, and bonds critical elements in the administration of justice, especially concerning the rights of arrested or accused persons. Section 148 through Section 158 provide the legal foundation for how bail is granted, the conditions involved, and the limitations imposed by law.

Bail and the Right to Liberty

According to Section 148(1), any person arrested without a warrant or appearing before a court has the right to apply for bail. The police officer or court may grant bail or release the individual upon executing a bond, with or without sureties. However, this discretion is subject to various limitations and conditions aimed at ensuring justice and public safety. Importantly, Section 148(2) emphasizes that the bail amount should not be excessive but must reflect the gravity of the case.

When Bail is Not Allowed

Section 148(4) and (5) provide specific situations where bail is not permissible. These include:

• When the Director of Public Prosecutions (DPP) certifies in writing that granting bail would prejudice the safety or interests of the Republic.

• For serious offences such as murder, treason, armed robbery, defilement, major drug trafficking offences, terrorism, money laundering, and human trafficking.

• Where the value of the involved property exceeds ten million shillings unless half of it is deposited in cash or property and the rest is secured by bond.

• When an accused has previously breached bail conditions or absconded.

Conditions of Bail

When bail is granted, courts must impose certain mandatory conditions (Section 148(6)) such as surrendering passports and restricting movement. Additional conditions (Section 148(7)) may include regular reporting to the police, abstaining from certain areas or people, or any other justifiable condition to ensure compliance and justice.

High Court Powers and Changes in Circumstance

Section 149 empowers the High Court to override decisions of lower courts regarding bail, including changing the terms or reducing the bail amount. Additionally, Section 150 allows the court to revoke or increase bail where new circumstances justify such action, after hearing the accused.

Execution and Discharge of Bonds

Sections 151 to 153 deal with how bonds are executed and how an accused is released once the bond is in place. Courts or police may allow a cash deposit in lieu of a bond. Section 152 clarifies that release applies only to the matter covered by the bond, not if the person is detained for another reason.

Sureties, Their Rights, and Obligations

Sureties have the right to apply for discharge (Section 155). If granted, the accused must find new sureties or be taken back into custody. If a surety dies (Section 156), the estate is not liable, but the accused must secure a replacement surety.

Breaching Bail Conditions

Sections 157 and 158 grant police powers to arrest without a warrant any person who is likely to or has already violated bail conditions. If such a person has absconded or broken the bail conditions, they may not be considered for bail again.

Conclusion

These bail provisions strive to balance individual liberty with public safety and the integrity of judicial proceedings. While the law allows for bail in many circumstances, it imposes strict conditions and limits where the offence is serious or the accused poses a flight or safety risk.